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HomeMy WebLinkAboutGRIFFITH COMPANY; 1974-06-14; 1014CITY OF CARLSBAD SAN DIEGO COUNTY California CITS CONTRACT DOCUMENTS & SPECIFICATIONS FOR CONSTRUCTION OF ELM AVENUE from STATE STREET TO WASHINGTON STREET Contract No. 1014 February 1974 T-A-B-L-E OF C-0-N-T-E-N-T-S 1 NOTICE INVITING SEALED PROPOSALS 3 PROPOSAL 6 BID BOND 7 DESIGNATION OF SUBCONTRACTORS 8 STATEMENT OF FINANCES 9 AGREEMENT AND CONTRACT .11 BOND FOR LABOR AND MATERIALS 13 BOND FOR FAITHFUL PERFORMANCE 15 SPECIAL PROVISIONS Page 1 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS SEALED BIDS will be received at the Office of the City Clerk, City Hall, 1200 Elm Avenue, Carlsbad, California, until 10:00 A.M., on the 13bh of March , 1974, at which time they will be opened and read, for performing the work as follows: Contract 1014 "The Construction of Elm Avenue from 'State Street to Washington Street" No bid will be received unless it is made on a proposal form furnished by the Engineering Department. Each bid must be accompanied by cash, certi- fied check or bidder's bond made payable to the City of Carlsbad,,for an amount equal to at least 10 percent of the amount bid. The documents included within the sealed bids which require completion and execution are the following: 1. Proposal - Page 3 2. Designation of Subcontractors - Page 7 3. Bidder's Bond - Page 6 4. Contractor's Financial Status - Page 8 The documents shall be affixed with the appropriate signatures and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the President or Vice-President and Secretary or Assistant Secretary are required and the Corporate Seal shall be affixed to all documents requiring signatures. In the case of a partnership, the sig- nature of at least one general partner is required. All bids are to be compared on the basis of the Engineer's estimate. The estimated quantities are approximate only, being given solely as a basis for the comparison of bids. No bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of Chapter .9, Division III of Business and Professions' Code. The Contractor shall state his license number and classification in the proposal. Plans, Special Provisions and Contract Documents may be obtained at the Engineering Department, City Hall, Carlsbad, California, at no cost to licensed contractors. A nonrefundable charge of none will be required for each set of plans, special provisions and Contract documents for other than licensed contractors. It is requested that the plans and special provisions be returned within 2 weeks after the bid opening. The City of Carlsbad reserves the right to reject any or all bids and to waive any informality in such bids. A project tour will be conducted by the City of Carlsbad Engineering Dept. at 10:00 A.M. on March 6 , 1974. In accordance with the provisions of Section 1770 of the Labor Code, the City Council of the City of Carlsbad has ascertained the general prevail- ing rate of per diem wages in the locality in which the work is to be performed for each craft or type of workman or mechanic needed to execute . Page 2 the contract and has set forth these items in Resolution No. 3361. A copy of said Resolution is available in the Office of the City Clerk in the City of Carlsbad. Also, the prime contractor shall be responsible to insure compliance with provisions of Section 1777.5 of the Labor Code of the State of California for all occupations with apprenticeships as required on public works projects above thirty thousand dollars .($30,000) or 20 working days. ENGI NSERSTSe-DEP ARTMENT 1200 Elm Avenue Carlsbad, California 92008 Job No All Plan Holders ^Prospective ' Bidders Date Marr-b ft Via Q2 Messenger Q Blueprinter ATTN : Pick-up Other SUBJECT; Contract No,JL014, Construction of Elm Ave. . Addendum Nn. 1 We are sending you LJ Herewith QUnder Separate cover EH Tentative Map QTitle Sheet Q Tract Map QGrading Plans Dstreet Plans DSewer Plans. QWater Plans [3 Storm Drain Plans QPrints of QTransparences of P]Originals of. [^Structural Plans [U Survey Plat QTopographic Map (^.Specifications Other * The contract documents and specifications contained a c , in the "Notice Inviting Bids", Page 1, These are:OAS noted DAS requested Qfor your approval LJFor your files GO For your use Qpor your information Qplease return DOther Mg^^eo^efiSXJfSiXJ^signature recheck Remarks: ' Please revise bid opening date from March 13, 1974 at 10:00 AM to March 25, 1974 at 10:00 AM. Please show date of receipt of this addendum on the proposal. Copy to:_ Dick Sprehe * Civil Engineering Assistant/de Page 3 CITY OF CARLSBAD THE CONSTRUCTION OF ELM AVENUE From State Street to Washington Street CONTRACT NO. 1014 PROPOSAL To the City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Gentlemen: The undersigned declares that he has carefully examined the location of the work, read the Notice Inviting Bids, examined the plans and specifications, and hereby proposes to furnish all labor, materials, equipment, transportation and services required to do all the work to complete Contract 1014 in accordance with the plans, the specifications of the City of Carlsbad, and the special provisions, and that he will take in full payment therefor the following unit prices for each item complete to wit: CONSTRUCTION OF ELM AVENUE FROM STATE STREET TO WASHINGTON STREET Page 3a ITEM NO. APPROXIMATE QUANTITY ITEMS WITH UNIT PRICES OR LUMP SUM WRITTEN IN WORDS UNiT PRICES IN FIGURES TOTAL AMOUNTS all clear and grubb QKN&, .-dollars cents lump sum lump sum 220 cubic yards excavation at ^ dollars CT—t cents per cubic yard .-342 tons of asphalt concrete pavement 5 inches in thickness at dollars ^.ano,^ fOo cents per ton \ 735 square feet of asphalt concrete pavement and swk 2 inches in thickness at &>00 && dollars cents 0. per square foot all remove and replace per plan onsite driveway at station 12+16 lump sum dollars cents lump sum 164 square feet PCC driveway 6" in thickness at dollars - cents per square foot 219 square feet PCC reinforced alley apron 6" thick at dollars cents per square foot GRIFFITH COMPANY Page 3b ITEM NO. APPROXIMATE QUANTITY ITEMS WITH UNIT PRICES OR LUMP SUM WRITTEN IN WORDS UNIT PRICES IN FIGURES TOTAL AMOUNTS 8.376 linear feet type "G" curb and gutter at Fbo ^ dollars cents Oc> per linear foot 1227 square feet PCC sidewalk 4" in thickness at dollars* cents per square foot 10.each — reconstruct existing drainage manhole P-tog- M o vJ3 o f^p O dollaxs Kid cents each 11.each adjust existing sewer manhole to grade <**> dollars cents . 00loo, — each AMOUNT OF BID (written in words)(in figures) dollars cents X GRIFFITH COMPANY Page 4 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be 'cal- culated and' the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this proposal are approximate only, being given solely. as a basis for comparison of bids. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds and insurance policies within twenty (20) days from the date of award of contract by the City Council of the City of Carlsbad, the proceeds of check or bond accompanying this bid shall become the property of the City of Carlsbad. Licensed in accordance with the Statutes of the State of California providing for the registration of contractors, License No. 32168 Identification "A" -"SB-1" - "sc-12" _ • The undersigned bidder hereby represents as follows: (a) That no Councilman, officer, agent or employee of the City of Carlsbad, is personally interested, directly or indirectly, in this contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents or employees, has induced him to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof b,y its terms, and (b) That this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is "Bidder ' s Bond" _ (cash, certified check, cashier's check or bond) in an amount not less than 10 percent of the total bid price. The undersigned is aware of the provisions of Section 3700 of the La,bor Code which require every employer to be injured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply 'wi'th such provisions before commencing the performance of the work of this contract. . '1 :!GRIFFITH COMPANY'/, (714) 297-4455 Phone Number Charles F. Hutchins, Mm .(SEAL) / Vice President Page 5 March 13 1974 Date GRIFFITH COMPANY 1501 Frazee Road San Diego, California 92103 Bidder's Address //Authorized -Signature; ^John E. Snider - Assistant Secre•eiary Corporation Type of Organization /,/ Corporation, List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all co-partners if a co-partnership: GRIFFITH COMPANY OFFICERS George P. Griffith- John E. Tiger C. F. Hutehins, Jr. R. D. Lytle E. L. Coughlin J. B. Hayden J. A. Hearn S. F. Immel W. R. Shriver, Jr. Jack Xmmel John E. Snider President Executive Vice President Vice President/Secretary Vice President/Treasurer Vice President/Dist. Manager Vice President/Dist.Manager Vice President/Dist. Manager Vice President/Dist. Manager Vice President/Dist. Manager Asst. District Manager Asst. Secretary 314 Hobinhood Lane 2360 Mountain Ave. 219 Opal 110 Termino Ave. 3995 El Lado Dr. 3145 Jacaranda 145 21st St. 1898 So. Onion Ave. 17139 Orange St. 1898 So. Union Ave. 3958 Franklin Avs. Costa Mesa Corona Balboa Island Long Beach Glendale Orange Del Mar Bakersfield Fountain Valley Bakersfield Los Angeles 92627 91720 92662 90803 91214 92667 92014 93307 92708 93307 90027 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES OFFICIAL SEAL SALLY A, D0320M Y p;j3L1C • CA'JFORNW PRINCIPAL OFF:C= >N f LOS ANGELES CO'J; • "' | -__^ MyConmissicr,Exp'r6SJ3n.2S, 19/ti | TiiHumHiiiiiiiiiiiiiliiin nimmffimiimimimi!" wMtmHmn-mHinmvi- ••••>: ss. March 13 19LL before me, the undersigned, a Notary Public in and for said State, personally appeared CHARLES F. HUTCH1NS. ugu , known to me to be the Vice President, and_____Jli^Ji SF^H? ^ kn()wn to me to be thfi AssistantSscretary nf 'GRIFFITH COMPANY the Corporation that executed the within instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. . Notary/ublic in and'for said State. ACKNOWLEDGMENT—Corp., Pres. & Sec., Wolcotts Form 223—Rev. 3-64 BOND NO. SCR 479 68 71 Premium included in BBSU BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL JON BY THESE PRESENTS, That we,GRIFFITH COMPANY , as Principal, and THE AMERICAN INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of Carlsbad, California, in the sum of Ten Per Cent of the amount of the bid in Dollars ($ 10% of bid ') , lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH: That if the proposal of the above-bounden principal for: The Construction of Elm Ave. from State St. to Washington St. - Contract SI014, in the City of Carlsbad, is accepted by the City Council of said City, and if the above-bounden Principal shall duly enter into and execute a contract including required bonds and insurance policies within (20) twenty days from the date of award of contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. • In the event that any Principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 13th day of March _, 19 74 . Corporate Seal (If Corporation) (Attach Acknowledgement of A'ttorney In Fact) GRIFFITH COMPA *Charles F./Hfctcha , - ylceTregident /Tqhn B. Snid«f "- Assistant Secretary LS ' ''>) •> . \ x J \\ !-} THE AMERICAN INSURANCE COMPANY By .. ' ' 7 ' ' '•'*' Title Sally 3j.\ DoTpson'.- l¥f gyin-Fao^i> '.-'/ (.Notarial acknowledgement of execution by all PRINCIPALS and SURETY ir.ost be attached.) State of CA1IPOBHTA) County of LQS ANG|L-S On March 13 1974 ( before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared SALLY A. DOBSON known to me to be Attorney-in-Fact of ^£ AMERICAN INSURANCE COMPANY the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my .hand and affixed my official seal, the day and year stated in this certificate above,i:!iiii*mMJia»liiMit»<*»iimiMiM.:t»!>k»»M< •«.<•„:.= OFFICIAL SEAL is " "* ^ My Commission Expires 36O212—6-66 BERNICE K. W. WONG TOTARt-PUBLIC - CALIFORNIA1 PRINCIPAL OFFICE IN = '^ij&-/ LOS ANGELES COUNTY ™ My Commission Expires April 6, 1975 ~ - . "--"•••••••MMMMlMllgtli* Notary Puolic STATE OF CALIFORNIA, COUNTY OF LOS ANGRES OFFICIAL, SEAL I SALLY A. DO33ON | NOTARY PUBLIC - CALIFORNIA I PRINCIPAL QFriCE IN 1 LOS ANGELAS COUNT/ | MyCornmissicn Expires Jan. 23,1976 f ss. OH March 13 before me, the undersigned, a Notary Public in and for said State, personally appeared CARLES F.HUTCHINS,^ , _, known to me to be tte Vice__president,. nf GRIFFITH COMPANY the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public in and for said State. ACKNOWLEOGMENT-Corp., Pres. & Sec., Wolcotts Form 2ZJ-Re». 3-64 j! STATE OF CALIFORNIA, ji j;t. COUNTY OF LOS ANGELES SALLY A. DOB5ON | NOTARY P:.J3LI = ' CALIFORNIA | ' PRINCIPAL OFFICE. IN = LOS ANGELES COUNTY | ss. ON _ Marr.h \3 _ , 19 74 , before me, the undersigned, a Notary Public in and for said State, personally appeared CHABLfS E. HUTCHINS. JR.- _ , known to me to.be the Vice President, and.E. :SNIUiR to be the Assistant Secretary of GRIFFITH .COMPANiY the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors, WITNESS my hand and official seal. ^Mj 6 Notary Public!in and for said State. ACKNOWLEDGMENT-Corp., Pres. & Sec., Wolcotts Form 223—Rev. 3-64 SfATE OF CALIFORNIA, COUNTY OF LOS ANGftES A« -• DO3SON \ -*,--. i"il O = F 1C- IN ^^^IS$1 LOS ANGEUS COUNT, ss. March 13 19 74 before me, the undersigned, a Notary Public in and for said State, personally appearedCHAftLES F. HUTCHJNS, 08. , Vice President, GRIFFITH COMPANY the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Puolic in and for said State. ACKNOWLEDGMENT—Corp., Pres. & Sec., Wolcotts Form 223—Re». 3-64 3Y AND WHEN RECORDED MAIL TO Name r StreetAddress Ci!y .State IZip j n . _ j GENERAL POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation duly organized and existing under the laws of the Stcrte of New Jersey, and having its Home Office in the City and County of San Francisco, California, has made, constituted and appointed, and does by these presents make, constitute and appoint -SALLY A. DOBSON- its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obliga- tions in the nature thereof rand to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in- Fact may do in the premises. 31 of By-laws of THE AMERICAN INSURANCE COMPANYThis power of attorney is granted pursuant to Article VIII, Section 30 and adopted on the 7th day of May, 1963, and now in full force and effect. ' Article VIII, Appointment and Authority of Resident Assistant Secretaries, and Attorney i-in-F act and Agents to accept Legal Process and MakeAppearances. Section 30. Appointment. The Chairman of the Board pi Directors, the President, any Vice-President or any other person authorized by the Boardol Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries andAttorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process ana make appearances for and on behalf ofthe Corporation. Section 31. Authority. The Authority of such Resident Assistant Secretaries, Attorneys~in-Fact, and Agents shall be as prescribed in the instrumentevidencing their appointment, and any such appointment and all auihority granted thereby may be revoked at any time by the Board ol Directors orby any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September, 1966, and that said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the sea! of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearingsuch facsimile signature or facsimile seal shall be valid and binding upon the Corporation," IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President, and its corporate seal to be hereunto affixed this ~day of August 13 73 THE AMERICAN INSURANCE COMPANY JAMES H. WELLS, Vice-President STATE OF CALIFORNIA, AND COUNTY OF SAN FRANCISCO On this_3rcl_day of August iq 73 before me personally came JAMES H. WELLS, to me known, who. being by me duly sworn, did depose and say: that he is Vice President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of .said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. ETHEL L WATXINS NOTARY PUBUC - CALIFORNIA | CITY & COUMTY OF SIX FRANCISCO 5 My Commission Expira Mjreh !. 1975 § ail3IJllllll9llllIIIItHI9iIlIllMlH)HIHIHl»IMin»S STATE OF CALIFORNIA, :ITY AND COUNTY OF SAN FRANCISCO ETHEL WATKi;NS,NotaryPubic CERTIFICATE > ss. I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has. not been revoked; and furthermore that Article VIII, Sections 30 and 31 of the By-laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Fewer of Attorney, are now in force. Signsd and sealed at the City and County of San Francisco. Dated the__irLk£Lc March J WINIFRED H. BROWNE, Assistant Secretary :--C" — TA -- 5-71 Page =7 DESIGNATION OF SUBCONTRACTOR The. undersigned certifies that he has used the subbids of the following listed contractors in ;making up his bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these sub- contractors except upon the prior approval of the City Council of the City of Carlsbad. ITEM OF WORK SUBCONTRACTOR ADDRESS 1. 2._ 3. ; : 4. ; ; ' 5. • ; ; \ 6. . GRIFFITH COMPANY Bidder's Name "Kuthorizecr Charles F. Hutchins/ Jr. - Vice President Corporation Type of Organization Corporation) 1501 Frazee Roadi 1 San Diegoy California 92103 1 Address Page '8 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE (The Bidder is required to state what work of a similar character to that included in the proposed contract he has successfully performed and give reference which will enable the City Council to judge his' responsibility, experience, skill and business standing.) The undersigned submits herewith a statement of his financial respon- sibility . The undersigned submits below a statement of the work of similar character to that included in the proposed contract which he has successfully performed. SEE ATTACHED OFFICIAL SEAL = SALLY k. DOESON I NOTARY PUBLIC - CALlfORNIA | PRINCIPAL OFFICE IN § LOS ANGELES COUNTY | MyCommissionExpiresJan.25,1975 sTMiiiiiiiuHitmiim<iumimimiimmmimiiiiimiMiiiiiimmmim>Miiiiiimthit"r ' GRIFFITH COMPAQ .TV. - vice President STATE OF CALIFORNIA, COUNTY-OF LOS ANGELES WITNESS my hand and official seal. ^ Notary Public in and for said State. CONTRACTORS 3650 CHERRY AVE., LONG BEACH, CALIFORNIA (213) 595-5461 MAILING ADDRESS P. O. BOX 980 LONG BEACH, CA 90801 This business was incorporated in April, 1902, as Fairchild- Gilmore-Wilton Co. The name was changed to Griffith Company, incorporated under the laws of the State of California on December 7, 1922, and has been in continuous operation averaging a gross volume of $33,648,000.00 annually for the past ten years, and $34,993,000,00 annually for the past three years in completed contracts. Griffith Company has performed work of this nature for the Cities of Los Angeles, San Diego, Chula Vista, Imperial Beach, Bakersfield, Taft, Arvin, Pasadena, Glendale, Long Beach, Santa Ana, Garden Grove, Newport Beach, Anaheim and many others, as well as for various depart- ments of the State of California and the Counties of Los Angeles, San Diego, Kern, Ventura, Orange, San Bernardino, Riverside and others as well as various private concerns. Griffith Company's banking references are the Farmers and Merchants Office of Security Pacific National Bank, Bank of America, Los ' Angeles Main Office, and United States National Bank of San Diego. The corporation is bonded by the American Insurance Company of Newark, New Jersey. GRIFFITH COMPANY yUHO .,< c^1—~" ~ ~ — // . fr tCharles F. HutchinsAJr. Vice Pres^d^nt _ DATE: March 13 1974 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES OFFICIAL SE SALLY A. DOBSON ~ NI ss. ON _ March _ 13 _ _ _ , 1974 , before me, the undersigned, a Notary Public jn and for said State, personally appeared S F, HUICHINS, JR. _ _ known to me to be thg Pnaiitent, RIFFITH the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Notary public in and for said State. ACKNOWLEDGMENT—Corp., Pres. & Sec., Wolcotts Form 223—Rev. 3-64 EXHIBIT "A" k. GRIFFITH COMPANY AND SUBSIDIARIES CONSOLIDATED BALANCE SHEFT DECEMBER 31. 1973 i ASSETS CASH CERTIFICATES OF.'DEPOSIT • NOTES RECEIVABLE Trade - Unsecured Trust deed notes - Current portion Employees and officers'- Unsecured, current portion ACCOUNTS RECEIVABLE Trade accounts Retentions Other EXCESS OF ACCUMULATED JOB COSTS OVER RELATED BILLINGS ON JOBS IN PROGRESS SHORT-TERM INVESTMENTS - At Cost (Market Value Approximates Cost) INVENTORIES PREPAID AND DEFERRED EXPENSES Total Current Assets INVESTMENTS PROPERTY. PLANT AND EQUIPMENT AND ACCUMULATED DEPRECIATION - At Cost, Partially Encumbered Asset cost Accumulated depreciation Construction in progress INTANGIBLE ASSETS Goodwill , - Organization expense OTHER ASSETS Trust deed notes - Term portion Employees and officers notes - Unsecured, term portion Unsecured note - S. A. Smith Deposits TOTAL ASSETS $13,750 46,246 6.223 6,649,238 1,091,674 11.409 10,934,631 5.868.515 5,066,116 14.030 50,000 21,064 80,065 37,596 6,000 38.274 $121,246 960,000 66,219 7,752,321 467,374 69,551 145,448 226,030 9,808,189 824,606 5,080,146 71,064 161.935 '$15,945,940 1' LIABILITIES AND STOCKHOLDERS' EQUITY BANK OVERDRAFT NOTES A 'CONTRACTS PAYABLE Trust Insta cur Secur ACCOUNT Trade Subco Stock Accru Accru Accrui EXCESS JOB I UNClAIr1 DEFERRE REFUNDA TERM LI Trust ; Instl DEFERRI STOCKH! Capi CM Reta 1 ted notes - Current portion $127,158 •ent contracts - Secured, nt portion 312,669 y Pacific National Bank - Unsecured 400,000 PAYABLE AND ACCRUED LIABILITIES Ccounts 2, facts (Includes retentions) 2, llders payroll taxes and withholdings payrol 1 •federal and state income taxes F BILLINGS OVER RELATED ACCUMULATED ,TS ON JOBS IN PROGRESS D LABOR DRAFTS 1 REVENUE ILE DEPOSITS Total Current Liabilities ABILITIES deed notes - Term portion Itnent contracts - Secured - Term portion FEDERAL AND STATE INCOME TAXES DERS1 EQUITY 1 contributed for shares non stock, $100 par value uthorized 10,000 shares; issued d outstanding 8,429 shares) ed Earnings - Exhibit "B" 6_ TAL LIABILITIES AND STOCKHOLDERS' EQUITY 260,217 115,344 64,096 118,878 4,761 237.732 368,839 243.750 842,900 ,836.721 $777,3C 839,82 4.801.02f. 612,589 12,770 7,679,621 $15,945,940 Page 9 CONTRACT ' . . / /*&/'7THIS AGREEMENT, made and entered into this /' ctay of , by and between the City of Carlsbad, California, hereinafter designated as the City, party of the first part, and Griffith Company , hereinafter designated as the Contractor,, party of the second part. WITNESSETH: that the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Con- tractor agrees with the City to furnish all materials and labor for: •• the construction of Elm Avenue from State Street to Washington Street Contract 1014, and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the plans and specifications therefor; to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefor, (except such materials, if any, as in the said specifications are stipulated to be furnished by the City), and to do everything required by this agreement and the said plans and specifications. j^S*'"1'1 i . . . %* 2. For furnishing all said materials and labor, tools and equip- ment, and doing all the work contemplated and embraced in this agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also,' for all expenses • incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications' are expressly stipulated to be borne by the City; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefor the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specifications, named in the bidding sheet of the proposal, as the case may be. , 3. The City hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and hereby conditions set forth in the specifications; and the said parties for themselves, their heirs, executors, administrators, -successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4. The Notice to Bidders, instructions to Bidders, Contractor's Proposal, and the plans and specifications, and all amendments thereof Page 10 when approved by the parties hereto, or when required by the City in accordance with the provisions of the plans and specifications, are hereby incorporated in and made part of this agreement. 5. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of workman needed to execute the contract and a schedule containing such information is included in the Notice Inviting Bids and is incorporated by reference herein. 6. The Contractor shall assume the defense of and indemnify and save harmless the City, the City Engineer, and their officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising • from the performance of the contract or work, regardless of responsi- bility for negligence; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CIT RLSBAD, CALIFORNIA Mayor ATTEST: GRIFFITH COMPANY Charles F. Hu*£fiins, Jr. // Vice President ^/ /oohn E. Snider Assistant Secretary Title Approved as.-•- /• (Notarial acknowledgement of execution by all PRINCIPALS must be attached.) TO 449 C (Corporation) STATE OF CALIFORNIA COUNTY OF San Dipgn ss. before me, the undersigned, a Notary Public in and for said ROBERT C. FRAZEE , and Margaret E. Adams On . State, personally appeared known to me to be the Nay 0 T known to me to be —Cl ty—C1 BTK &&&&y<of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature- Audrey B. Fontaine Name (Typed or Printed) fir O'ri"JAi. SHU -, r, rc rVNr- "nN!A I I _ C ,1- My Commiss'on Expires Sept. 3, 1977 (This area for official notarial seal) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES imnmiRifiiRRfinnir OFFICIAL SEAL SALLY A. DOBSON | NOTARY PUBLIC - CALIFORNIA f PRINCIPAL OFFICE IN i LOS ANGELES COUNTY | My Commission Expires Jan^^M ss. ON April 5 _, ig 74, before me, the undersigned, a Notary Public in and for said State, personally appeared Charles F. Hutchins, Jr. , known to me to be the Vice President, and John E. Snider F known to me to be the Assistant Ssnrfitary nf GRIFFITH COMPAMT the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public^ and for said State. ACKNOWLEDGMENT-Corp., Pres. & Sec., Wolcotts Form 223—Rev. 3-64 • ' • BOND NO. SCR 708 01 06a " ' Premium charged Is i:.sluced i: LABOR AND MATERIAL BOND charge for performance bond KNOW ALL MEN BY'THESE PRESENTS, THAT • WHEREAS,-the City Council of the City of Carlsbad, State of California, by motion adopted April 2, 1974 , has awarded to Griffith Company hereinafter designated as the "Principal", a contract for: the construction of Elm Avenue from State Street to Washington Street, Contract 1014, in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents on file in the Office of the City Clerk. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, pro- vender or other supplies or teams used-in, upon, for or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, WE GRIFFITH COMPANY as .Principal, hereinafter designated as the Contractor and THE AMERICAN INSURANCE COMPANY as Surety, are held firmly bound unto the City of Carlsbad, in the Eight thousand four hundred sum Of thirty one and 35/100 -Dollars ($ / $431.35 ), said sum being 50 percent of the estimated amount payable by the City of Carlsbad under the terms of the contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the person or his subcontractors, fail to pay for any materials, provisions, pro- vender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the.bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, as required by the provisions of Section 4204 of the Government Code of the State of California. . - Page 12 * This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 1192.1 of the Code of Civil Procedure so as to give a right of action to them or -•"*"- their assigns in any suit brought upon this bond, as required by the ^ provisions of Section 4205 of the Government Code of the State of California. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or'to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contraqt or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 5th day of April -, 19 74. _ GRIFFITH COMPANY „ (Seal) (Seal) President (Seal) Contractor '•John E. Snider - Assistant Secretary THE AMERICAN INSURANT Crf-'w- (Seal) (Seal) < R. HL SPENCE^ATTORNEY IN FACT (seal) Surety State of CALIFORNIA ) County of ijQS ANGELES On April 5 1974 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared R H SPENCER known to me to be Attorney-in-Fact of THE AMERICAN INSURANCE COMPANY the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my >and and affixed my official seal, the day and year stated in this certificate above. My Commission Expires a 36O212-6-66 OFFICIAL SEAL BERNICE K. W. PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY § My Com.Tiir.sicn Expires April 6, 1975 8 Notary Public STATE OF CALIFORNIA, COUNTY OF LOS ANGELES nmmimiimimmmimwiiimimmiiiimnimiimwmiimms.i»tt»w««'i«W»»» OFFICIAL SEAL SALLY A. DOBSON SI NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNiY _ MyCommission Expires Jan. 26,1976 i Tiiiiiiiiiimiiwmiiiiimiiwiiiiiiw imimmiiiimimumimimiimimmi uuiinm. SS. ON 5 ____ 19_74__ before me, the undersigned, a Notary Public in and for said State, personally appeared Charles F. Hutchins, Jr. _ ., known to me to be the Vice President, and John E. Snider _ ( known to me to be thP Assistant S^rstary nf GRIFFITH the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public iyand for said State. ACKNOWLEDGMENT—Corp., Pres. & Sec., Wolcotts Form 223—Rev. 3-64 RECORDING REQUESTED BY /*» AND WHEN RECORDED MAIL TO Name StreetAddress ~l CityState2>p L_ _J GENERAL POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation duly organized and existing under the laws of the State of New Jersey, and having its Home Office in the City and County of San Francisco, California, has made, constituted and appointed, and does by these presents make, constitute and appoint -R. H. SPENCER- its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obliga- tions in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in- •'"act may do in the premises. This power of attorney is granted pursuant to Article VIII, Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY adopted on the 7th day of May, 1963, and now in full force and effect. "Article VJII, Appointment and Authority of Resident Assistant Secretaries, and Attorncys-in-Fact and Agents to accept Legal Process and MakeAi>in'arances. Section 30. Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Boardof Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries andAttorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process ana make appearances for and on behalf ofthe Corporation. Section 31. Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument'idencing their appointment, and any such appointm ' •>•.-•- . . . ..,.,-,, ~.by any person empowered to make such appointment."evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors orsuch i Tnis power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors uf THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September, 1966, and that said Kesolution has not been amended or repealed: RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President, and its corporate seal to be hereunto affixed this 2p"bn day of April 19 7*- THE AMERICAN INSURANCE COMPANY ^L By IAMES H. WELLS, Vice-President STATE OF CALIFORNIA, ) > S3. CITY AND COUNTY OF SAN FRANCISCO I On this._?61?lL.day of ~P?AA 19_L~_, before me personally came JAMES H. WELLS, to me known, who, Tbeing by me duly sworn, did depose and say: that he is Vice President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. •iiiiiiiiiiiiiiiiiimmiiiiiiHiiHiiiiiiiiiiiimiiiiiB | ,&^ ETHEL L WATKINS S fcHdjI NOTARY PUBLIC - CALIFORNIA B \S£g||iP7 CITY & COUNTY OF SAN FRANCISCO S ETHEL L. WATKINS, Notary Public S ^SS^7 My Commission Expires March I. 1975 | • iiiiiiiiimiiiimiiiiiimiiiiiiiiiiitmiiiiMiiiiiiiS CERTIFICATE STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY ""CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VIII, Sections 30 and 31 of the By-laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed at the City and County of San Francisco. Dated the 5ttl dny of April , IP '^ '"H7¥ROWif(ErAiiiiiitoint'Secretary 360S45{HO) — TA — 4-71 BOND NO. SCR 708 01 06 Page .13 ' * ' The prsiiiuin char^- * for this or-i i-; PERFORMANCE BOND $ /C/.^- r^ tiiQ term thereof. KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, the City Council of the City of Carlsbad, State of *""" California, by motion adopted April 2, '1974 has awarded to Griffith Company hereinafter designated as the "Principal", a contract .for: the construction of Elm Avenue from State Street to Washington Street, Contract 1014, in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the Faithful Performance of said contract; NOW, THEREFORE, WE, GRIFFITH COMPANY ' ' as Principal, hereinafter designated as the "Contractor", and THE .AMERICAN INSURANCE COMPANY W- as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Sixteen ^/loo",-!1-*1- hundred sixty Collars ($ 16.862.70 )> said sum being equal ro 100 percent of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or • assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above-bounden Principal, hi's or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein pro- vided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according 'to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers and agents, as therein stipulated, then this obligation shall become null and void; other- wise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifi- cations accompanying the same shall in any wise affect is"obligations on this bond, and it does hereby waive notice of any chang'e^ extension of time, alterations or addition'to the terms of the contract or to the work or to the specifications. Page 14 In the event that any Principal above named executed this bond as an individual, it-is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 5th day of April , 19 GRIFFITH COMPANY (Seal) (Seal) President (Seal) Contractor /John E. Snider - Assistant Secretary INSURANCE COMPANY R. H, SPENgfejfrATTORNBC IN JEACI Surety (Seal) (Seal) (Seal) State of CALIFORNIA ) County of ix)S ANGELES SS On April 5 1974 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared R fj SPENCER known to me to be Attorney-in-Fact of 7flE AMERICAN INSURANCE the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my Jiand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires 36O212-6-66 OFFICIAL SEAL BERNICE K. W. WONG NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN -1 LOS ANGELES COUNTY £ | IVy Co mi -on Expires April 6, 1975 5 Notary Public J STATE OF CALIFORNIA, COUNTY OF LOS ANGELES OFFICIAL SEAL f SALLY A. DOBSON I NOTARY PUBLIC - CALIFORNIA | PRINCIPAL OFFICE IN | y/ LOS ANGELES COUNTY | '' MvCommissionExpiresJan.26,1976 |^^mm^mmmm^lmmmmmmmmm^mmmmmmmmm SS. ON Agril 5_ __, 19 74 before me, the undersigned, a Notary Public in and for said State, personally appeared Charles F. Hutchins, Jr. , known to me to be the Vice President, and John E. Snider known to me to be the Assistant Secretary "f GRIFFITH COMPANY the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Publi/in and for said State. ACKNOWLEDGMENT—Corp., Pres. & Sec., Wolcotts Form 223—Rev. 3-64 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO r ~iName StreetAddress CityStateZip [_ _J GENERAL POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation duly organized and existing under the laws of the State of New Jersey, and having its Home Office in the City and County of San Francisco, California, has made, constituted and appointed, and does by these presents make, constitute and appoint -R. H. SPENCER- its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obliga- tions in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in- Fact may do in the premises. K*This power of attorney is granted pursuant to Article VIII, Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY adopted on the 7th day of May, 1963, and now in full force and effect. 1 Article VIII, Appointment and Authority of Resident Assistant Secretaries, and Attorneys-in-Fact and Agents to accept Legal Process and Make.\l>lH'arances. Section 30. Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Boardof Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries andAttorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances lor and on behalf ofthe Corporation. Section 31. Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrumentidencing their appointment, and any such appoinby any person empowered to make such appointment. . . , ,evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors oruch " Ttiis power oi attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September, 1966, and that said Resolution has not been amended or repealed: 1 RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President, and its corporate seal to be hereunto affixed this_feHilLday of April t 19 l«£ -THE AMERICAN INSURANCE COMPANY ^By JAMES H. WELLS, Vice-President STATE OF CALIFORNIA, 1 > ss. CITY AND COUNTY OF SAN FRANCISCO j On this. ^pyL-day of April , 19_T?__, before me personally came JAMES H. WELLS, to me known, who, •fling by me duly sworn, did depose and say: that he is Vice President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. •iiimiiimiiiiimiiimiiiiiiiiiiiiimimiiitiiiiiiB i ^^ ETHEL L WATKINS § I NOTARY PUBLIC - CALIFORNIA s CITY ft COUNTY OF SAN FRANCISCO S ETHEL L. WATKINS, Notary Public My Commission Expires March I. 1975 5 iiiiiHiiMiHimiiiiiiiiiiimiiiiiiiiiiiiiMiiiiiiiiiii CERTIFICATE STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY i CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that "^A'Sicle VIII, Sections 30 and 31 of the By-laws oi the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed at the City and County of San Francisco. Dated the_5±li—day of April 360845 (HO) — TA — 4-71 CERTIFICATE OF INSURANCE 3600 Wilshire Blvd. 1. MISSION INSURANCE Los Angeles, Ca. 90010 2 . HARBOR INSURANCE (213) 386-2380 company company company . company THIS IS TO CERTIFY TO CITY OF CARLSBAD - - Tim Glanaaan - City Engineer , ' : 1200 Elm Avenue — - Carlsbad, California 920Q_8 THAT ON THE DATE NOTED BELOW, THE FOLLOWING DESCRIBED INSURANCE POLICIES, ISSUED BY THIS COMPANY (OR COMPANIES) ARE IN FULL FORCE AND EFFECT. DESCRIPTIVE SCHEDULE NAMSOF INSURED GRIFFITH COMPANY ADDRESS OF INSURED.POST OFFICE BOX 980 LONG BEACH, CALIFORNIA 90801 DESCRIPTION OF D VEHICLES D PREMISES XB OPERATIONS COVERED Contract No. 1014 - Construction of Elm Avenge from State Street to Washington Street - Citv of Carlsbad, galifornia SCHEDULE OF INSURANCE DESCRIPTION OF COVERAGE WORKMAN'S COMPENSATION General Liability Bodily Injury General Liability Property Damage- Automobile Liability Bodily Injury Automobile Liability Property Damage *$500,000.00 COMBINED OCCURRENCE $ Deductible D Fire & Theft D Comp. $ Deductible Collision UMBRELLA LIABILITY INSURING CO. NO. 1. 1. 1. .1. 1. SINGLE LIMIT SEE OVER 2. POLICY NUMBER WCP 12476 A HAG 012604 » If .. BODILY INJUI FOR SPECIAL NO. 112922 INCEPTION DATE 7/1/74 7/1/74 » ii ii Y &/OR PROPE PROVISIONS 7/1/74 EXPIRATIONDATE 7/1/75 (• 7/1/75 ii ii ii RTY DAMAGE K 7/1/75 ; LIMITS OF LIABILITY STATUTORY $ ea. person $ ea. occurr. $ ea. occurr. $ aggregate $ ea. person $ ea. occurr. $ ea. occurr. ABILITY ANY ONE ACTUAL CASH VALUE ACTUAL CASH VALUE ;i, 500, 000. COMBINED SINGIjIMIT EXCESS OF PRIMARY ,IMIT UNDER HAC 012604 jy#jOftttrWFW0/tf^wvwm«M^/Pw;wwp^ EFFECTIVE—2Z1Z24_ INSURING COMPANY (OR COMPANIES) BY HARRY Jesent (L A Division) CORROON & BLACK-MILLER & AMES POLICY NOS. HAG 012604 AND 112922: THE CITY OF CARLSBAD is recognized as an additional insured, but only as respects work per- formed by Griffith Company under this Contract. It is hereby understood and agreed that the policy to which this certificate refers may not be canceled, materially changed, amount of coverage reduced nor the policy allowed to lapse until ten (10) days after receipt by the CITY CLERK - CITY OF CARLSBAD - 1200 Elm Avenue - Carlsbad, California 92008 - of a registered written notice of such cancellation or reduction of coverage. CORROON & BLACK - MILLER & AMES CERTIFICATE. OF INSURANCE 4/10/74-a TO: CITY OF'CARLSBAD Tim Flanagan - City Engineer 1200 Elm Avenue Carlsbad, California 92008 Name and Address of Ikns GRIFFITH COMPANY P. 0. Box 980 Long Beach, California 90801 COVERAGE \Vc:k.Ticn'» Compensation Employers Liability Comprehensive Gsncral Liability Including Contractual Liabi Completed Operations=Produc — E±ab±t±trj Comprchtnsive Automobile Liability Insurance EXCESS LIABILITY *THE CITY OF CARLSBAD is performed by Griffith Co It is hereby understood may not be cancelled, ma allowed to lapse until t 1200 Elm Avenue - Carlsbcancellation of reductio COMPANY AND POLICY z PACIFIC INDEMNITY COMPANY ftPEC 76339200 PACIFIC INDEMNITY COMPANY #LAC 9809 23 00 * lity ts ii HARBOR INSURANCE COMPANY 1112922 recognized as an addit ipany under this Contr trid agreed that the po :erially changed, amou sn (10) days after rec ^, Pal -i -For-niLa 92008 i of coverage. V EXPIRATION DATE 7/1/74 7/1/75 Each Person Each Occurrence Aggregate 7/1/75 Each Person Each Occurrence 7/1/75 Lonal insured, bu ict. Licy to which thi it of coverage re sipt by the CITY of a gogicfaorod LIMITS OF LIABILITY WC- Statutory EL- Unlimited Bodily Injury $500 ,000 Per Oc Combined Single Bodily Injury i Damage . Property Da-nxag currence Limit for nd Property $1,500,000 Per Occurrence Combined Single Limit for Bodily Injury and Property Damage Excess of Pacific Indemnity Company Policy No. LAC 9809 23 00. : only as respects work i certificate refers luced nor the policy :LERK - CITY OF CARLSBAD -n-i-h-he>n nn-Mr-p pf gi^V, \ T Location: Notice ot Cancelation—In the event ot cancelation or change in the above certified iSKthe undersigned XKeive E8 davs written notice of cancelation or change to:• - * ->n Certificate Holder contract No. 1014 - Construction of Elm Avenue from State Street to Washington Street - City of Carlsbad - State of California will 30 (Sec reverse sice for additional provisions) This certificate of insurance does not amend, extend or otherwise alter the terms and conditions of insurance coverage in policies identified above FRED. S. JAMES & jCo. 3£3S WILSHIRG BOUL.EVARD LOS ANGELES. CAl_IFO/?Nl^ 90010 4 By , Robert L. Degner, Vic.2 Preside • . Pag.e 15 - ** M «•* j* *CITY OF CARLSBAD ELH AVENL'E Contract No. 1014 SPECIAL PROVISIONS 1) WORK TO BE DONE The work to be done consists of improving Elm Avenue as shown on City of Carlsbad Drawing No. 154-6A, Sheets 1 through 2, including grading, surface improvements, drainage facilities, a'nd other wor-k necessary to the completion of the Project. 2) SPECIFICATIONS AND DRAWINGS The Specifications for the work consist of the Standard Specifications of the City of Carlsbad, the current Standard Specifications for Public Works Construction (hereinafter designated S.S.P.W.C.) as issued by the Southern California Chapters of the American Public Works Association, and these Contract Documents and Specifications. The Drawings far the work are the drawings set forth in Item 1 above, and the Standard Drawings of the City of Carlsbad. ) CONSTRUCTION SCHEDULE AND TIME OF COMPLETION A Construction Schedule shall be submitted by the Contractor per Section 6-1 of the S.S.P.W.C. Existing conflicting utilities will be removed or relocated prior to commencement of work by the contractor. After execution of the contract documents, the contractor shall receive a "Notice to Proceed" from the Public Works Director, The contractor s.hall begin work within (20) days after execution of the contract agreement and shall diligently prosecute the work to completion within sixty (60) consecutive calendar days from the date of execution of the contract. k} PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Section 7-9 of the S.S.P.W.C. is hereby modified to include replacement of existing private driveways and miscellaneous items, as shown on the plans or as may be encountered. Other items of replacement or restoration outside the right- of-way will be the Contractor's responsibility and there will be no additional compensation therefor. The Contractor shall ensure that resresentatives of all utilities concerned,and of the railroad, are-present when construe- Page 16 tion is taking place in or around such utility or railroad and shall conduct his operations so that existing facilities are not damaged. He shall carefully uncover all underground facilities and protect them as approved by the respective owners. 5) CLEARING AND GRUBBING Clearing and grubbing shall include removal of exist- ing curb and gutter, sidewalk, berra, existing driveway at station 12+16, existing surfacing for the alley at station 11+57.90 and existing surfacing for the private drive at station 11+80.90. 6) EXCAVATION Excavation shall include removal of paving and native material from existing grade of road to subgrade. This item also includes parkway excavation. 7) ASPHALT CONCRETE Asphalt Concrete .Paving shall conform to Section 302-5 and Section 400 of the S.S.P.W.C. Section 302-5 is modified to require that the 5-inch thick- «^, ness of the asphalt concrete pavement be placed in 2 courses, being 3-inches thickness of base course and 2-inches thickness of surface course, unless otherwise set forth on the plans. %Tack coat shall be furnished and applied as provided in Section 302-5 and these provisions. All new asphalt concrete pavement shall be 'fog seal coated with asphalt emulsion as directed by the Engineer. 8) TRAFFIC CONTROL AND CONSTRUCTION PHASING The Contractor shall maintain at least one 12-foot wide paved lane of traffic in each direction at all times for the duration of the project. Proper traffic channelization and control shall be in effect at all times. 9) PAYMENT Payment for the work will be made by the City as set forth in Section 9 of the S.S.P.W.C. The unit prices or lump sums set forth in the Contract for the items of work shall be payment in full for such work complete Page 17 in place and including all additional work necessary thereto and no additional compensation will be made therefor, 0) LtABtLITY INSURANCE Section 7-3 of the S.S.P.W.C. is modified to include the following requirement: The Contractor will hold harmless, indemnify,- and defend the Owner, the Engineer and his consultants, and each of / their officers and employees and agents, from any and all liability claims, losses or damage arising or alleged to arise from the performance of the work described herein, but not including the sole negligence of the Owner, the Engineer and his consultants, and each of their officers and employees and agents. 11) CONSTRUCTION IN RAILROAD RIGHT OF WAY ,-The Contractor shall meet all the requirements of the Atchison, Topeka and Santa Fe Railway Company, Office of Division Engineer, 1170 West Third Street, San Bernardino, CA 92^10. Telephone: (71*0 884-2111. The Contractor will 'enter into a save harmless agreement with the Atchison, T< ing time for th the Atchison, Topeka and Santa Fe Railway Company. The process- this document is approximately five (5) weeks. Jn addition to those policies of insurance required by the City of Carlsbad, the Contractor shall secure and maintain contractual liability insurance as required by the Atchison, Topeka and Santa Fe Railway Co. for work performed upon, beneath, or adjacent to their right of way as set forth below: 1. Regular Contractor's Public Liability' Insurance with limits of not less than $500,000 for all liability arising out of bodily injuries to, or death of, one person. $1,000,000 for all liability arising out of bodily injuries to, or death of, two or more persons in one accident or occurrence. 2. Regular Contractor's Property Damage Liability Insur- ance with limits of not less than $1,000,000 for each occurrence for all liability arising out.of damage to or loss or destruction of property. 3. If any part of the work upon, beneath, or adjacent to the Atchison, Topeka, and Santa Fe Railway Co. is sub- contracted, the contractor will provide the insurance as set forth in items no. 1 and no. 2 in behalf of the subcontractors to cover their operation. _k. Policies of Insurance satisfactory to the Atchison, Topeka, and Santa Fe Railway, which shall protect them Page 18 against liability for injuries to, or death of persons, including their employees resulting, in whole or in part, from the operations of the contrac- • tor or any of his subcontractors, on or contiguous to Railroad property with limits of not less than $500,000 for all damages arising out of bodily injuries or death of one person. $1,000,000 for all damages arising out of bodily injuries to or death of two or more persons in any one accident or occurrence. 5. Policies of Insurance satisfactory to the Atchison, Jopeka and Santa Fe Railway which shall protect them •against liability of property damage resulting from the 'operations of the contractor or any of his sub- contractors with limits of not less than $1,000,000 for each occurrence. The Contractor shall furnish the Atchison, Topeka and Santa Fe Railway Co. with certificates evidencing the policies of Insur- ance required by items 1, 2, and 3 above. The contractor shall furnish the Atchison, Topeka, and Santa Fe Railway Co. the original policies of Insurance required by items 4 and 5. The protective insurance for the railroad shall be in the name of the Atchison, Topeka and Santa Fe Railway Co. The Contractor will also post with the Atchison, Topeka and Santa Fe Railway Company an additional Surety Bond in the amount of one thousand dollars ($1,000.00). This bond is required to insure payment to the railroad for services of flagmen, inspectors *"**'• etc., furnished by the railroad during the Contractor's operations, The cost of all insurance policies, surety bonds, and fees for flagmen, inspectors, etc., furnished by the Atchison, Topeka and Santa Fe Railway Company shall be borne by the Contractor and compensation for these fees shall be included in the various contract .unit prices and lump sum prices of the construction work and no additional payment shall be made.